Education (Schools) Act 1992

[F1 F2 10 (1) Where— E+W

(a) a report of a section 9 inspection of a school, or

(b) a report of an inspection of a school made by a member of the Inspectorate which is required by paragraph 9A to state that he is of the opinion that special measures are required to be taken in relation to the school,

is sent to the appropriate authority they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(2) It is the duty of the appropriate authority to prepare the statement within the period allowed by this sub-paragraph, that is—

(a) such period as may be prescribed, or

(b) if, in the case of any report where the person making it states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion, the Secretary of State is of the opinion that the urgency of the case requires a shorter period, such period as the Secretary of State may direct,

but this sub-paragraph does not relieve the appropriate authority of any duty to prepare a statement which has not been performed within that period.

(3) Where such a statement has been prepared by the appropriate authority they shall, before the end of the prescribed period, send copies of it—

(a) to the Chief Inspector,

(b) to the Secretary of State, except in the case of a maintained nursery school, and

(c) in such circumstances as may be prescribed, to such other persons (if any) as may be prescribed.

(4) In the case of—

(a) a special school which is not a maintained or grant-maintained special school, or

(b) an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools for children with statements),

the appropriate authority shall, before the end of the prescribed period, send a copy of any such statement prepared by them to the funding authority, or any local education authority, if the authority are paying fees in respect of the attendance of a registered pupil at the school.

(5) The appropriate authority shall—

(a) make any statement prepared by them under this paragraph available for inspection by members of the public, at such times and at such place as may be reasonable,

(b) provide a copy of the statement, free of charge or in prescribed cases on payment of such fee as they think fit (not exceeding the cost of supply), and

(c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement as soon as is reasonably practicable.]

Textual Amendments

F1 Sch. 2 paras. 9-12 shall cease to have effect in relation to county, voluntary, maintained special, grant maintained and grant maintained special schools (1.9.1993) by virtue of 1993 c. 35, s. 204(4); S.I. 1993/1975, art.7.

F2 Sch. 2 para. 10 substituted (1.8.1993 for specified purposes and 1.9.1993 so far as not already in force) by 1993 c. 35, s. 307(1), Sch. 19 para. 173(6); S.I. 1993/1975, art. 4(2)(3).

Modifications etc. (not altering text)

C1 Sch. 2 para. 10(4) modified (1.8.1993) by 1993/1975, art. 5(1)

10 (1) The appropriate authority to whom an inspector has reported under this Part of this Schedule shall, before the end of the prescribed period, prepare a written statement (“the action plan”) of the action which they propose to take in the light of his report and the period within which they propose to take it.

(2) Where an action plan has been prepared by an appropriate authority they shall, before the end of the prescribed period, send copies of it to the Chief Inspector and—

(a) where the appropriate authority are the governing body of a maintained school (other than a grant-maintained school), to the local education authority,

(b) where the appropriate authority are the local education authority, to the governing body (if any), or

(c) in any other case, to the Secretary of State,

and to such other persons (if any), in such circumstances, as may be prescribed.

(3) In the case of—

(a) a voluntary school, or

(b) a grant-maintained school which was a voluntary school immediately before it became a grant-maintained school,

the appropriate authority shall also send a copy of the action plan to the person who appoints the school’s foundation governors.

(4) In addition—

(a) the governing body of a special school which is not maintained by a local education authority, and

(b) the proprietor of an independent school approved by the Secretary of State under section 11(3)(a) of the M1 Education Act 1981 (schools suitable for children for whom statements are maintained under section 7 of that Act),

shall, without delay, send a copy of any action plan prepared by the governing body or proprietor to any local education authority who are paying fees to the school concerned in respect of a registered pupil at the school.

(5) The appropriate authority shall—

(a) make any action plan prepared by them available for inspection by members of the public, at such times and at such a place as may be reasonable;

(b) provide a copy of the action plan, free of charge or in prescribed cases on payment of the prescribed fee, to any person who asks for one; and

(c) take such steps as are reasonably practicable to secure that every parent of a registered pupil at the school receives a copy of the action plan as soon as is reasonably practicable.

(6) Where the governing body of a maintained school which is not a nursery school have prepared an action plan, they shall include in their governors’ report a statement of the extent to which the proposals set out in the action plan have been carried into effect.

(7) In sub-paragraph (6) “governors’ report” means—

(a) in the case of a grant-maintained school, the report referred to in section 58(5)(j) of the M2 Education Reform Act 1988; and

(b) in the case of any other kind of maintained school, the report referred to in section 30 of the M3 Education (No.2) Act 1986.

(8) Sub-paragraph (6) applies only in relation to the most recent action plan for the school in question.

Marginal Citations

M1 1981 c. 60.

M2 1988 c. 40.

M3 1986 c. 61.